This office lease form illustrates the landlord consent in the form of a short letter from the landlord to its tenant, the sublessor.
Rhode Island Short Form Landlord Consent - Assignment of Office Lease
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Multi-State
Control #:
US-OL30042A
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Word;
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How to fill out Short Form Landlord Consent - Assignment Of Office Lease?
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FAQ
Once the landlord's consent has been obtained, the tenant and assignee can enter into a deed of assignment to transfer the lease to the assignee. If the lease is registered at the Land Registry the assignee will then need to register the assignment at the Land Registry.
Although a landlord is not required to consent to a lease assignment, in some cases your lease will state that a landlord's consent will not be ?unreasonably? withheld. This is more common in commercial leases.
A commercial lease assignment happens when a tenant transfers all of the rights to a lease to someone else but remains liable for rent payments to the landlord.
A tenant can make a written request at any time to assign their tenancy to someone else. The request should include the contact details of the person being proposed to take over the tenancy. Alternatively, the landlord can find a replacement tenant, although they don't have to do this if they don't want to.
By contrast, an assignment occurs when you transfer all your space to someone else (called an assignee) for the entire remaining term of the lease. As with a sublet, you are free to choose your assignee and determine the rent unless your lease says otherwise.
When making a request for consent to assign a lease, the Tenant should include all relevant information about the proposed assignee, to enable the Landlord to make a decision. Relevant information is likely to include company details, audited accounts and references.
You transfer all your rights to the assignee, including the right to maintain occupancy. You are released from all obligations as of the date of the assignment, and therefore do not have to give notice of non renewal of the lease to the lessor.
The original tenant cannot assign more rights than it has under the original lease. For example, if the term of the lease is 1 year, the term of the assignment cannot be 2 years. Most leases will require the landlord's written consent before an assignment becomes effective.
